Background
The United States District Court for the Northern District of California issued this Standing Order governing civil cases before District Judge Araceli Martínez-Olguín, setting requirements on communications with chambers, scheduling and appearances, motion practice (including summary judgment and Daubert), expert reports, pleadings and ECF filing practices, sealing, and discovery procedures, and warning that non-compliance ‘may be grounds for monetary sanctions, dismissal, entry of judgment, or other appropriate sanctions.’ The Standing Order also includes a specific provision on the permissible use of generative AI tools in submissions and imposes a verification and certification obligation on lead trial counsel.
AI Interaction
The Standing Order expressly addresses generative AI use in court submissions, stating: ‘Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any content generated by these tools.’ It further requires: ‘Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content’s accuracy.’ It also provides an enforcement consequence: ‘Failure to include this certification or comply with this verification requirement will be grounds for sanctions.’
Note:
Requires lead trial counsel to certify personal verification of the accuracy of AI-generated content included in any submission, with sanctions for non-compliance.